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(영문) 인천지방법원 2015.12.17 2015고단6233
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 21, 2015, at around 07:30, the Defendant 07:50, and around 08:50, the Defendant committed an indecent act against the victim (the age 21) who was seated by the Defendant in the next seat at the time of the passage of the G bus stops located in Overcheon-si, Jincheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. Application of the Acts and subordinate statutes governingCC-TV photographs in buses;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the fact that the defendant recognized the crime and reflects the depth thereof, the defendant's primary offender who has no record of punishment, and other various matters prescribed in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's age, character and conduct and environment, as shown in the records and arguments of this case, shall be determined

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to

However, in light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention and effect of the sexual crime subject to registration that may be achieved therefrom, and the protection effect of the victim, etc., the Defendant is judged to have special circumstances that may not disclose and notify personal information.

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